Last edit by: serfty
Link to Text of the regulations in PDF format
How about a Wiki to post EU comp given/denied as well as results for any CEDR or other process. Especially concerning the 787 issue as there are going to be many claims given all the cancellations.
Mine was April 22 BA280 LAX-LHR cancellation 4 days before flight and rebooked on later flight and arrived 4.5 hrs later than origianlly scheduled. BA's response was to deny for "operational" requirements though the 787 "tentatively assigned" G-ZBJG was used instead for a LHR-YUL flight that same day. CEDR filed and awaiting their initial review. Sept 3rd UPDATE: CEDR decision in Article 7 comp awarded in the amount of 600 euro as even though extraordinary circumstances are present in an engine defect as this, BA didn't show that they took reasonable steps to avoid the cancellation as they have known since Oct 2017 of this issue.
How about a Wiki to post EU comp given/denied as well as results for any CEDR or other process. Especially concerning the 787 issue as there are going to be many claims given all the cancellations.
Mine was April 22 BA280 LAX-LHR cancellation 4 days before flight and rebooked on later flight and arrived 4.5 hrs later than origianlly scheduled. BA's response was to deny for "operational" requirements though the 787 "tentatively assigned" G-ZBJG was used instead for a LHR-YUL flight that same day. CEDR filed and awaiting their initial review. Sept 3rd UPDATE: CEDR decision in Article 7 comp awarded in the amount of 600 euro as even though extraordinary circumstances are present in an engine defect as this, BA didn't show that they took reasonable steps to avoid the cancellation as they have known since Oct 2017 of this issue.
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
#346
Join Date: Jun 2013
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BA have twice refused to compensate for my delayed flight because they reckon it was due to adverse weather.
What happened was that the cargo door would not close/lock on the aircraft, which had over-nighted, due to what they claim was very cold temperatures (-5). Engineers were called to try to heat the mechanism to free it up.
This was unsuccessful, so we were eventually taken back into T5 and after a while,onto another aircraft. The result was a 3 hour plus delay to arrival.
I have told them that I believe that the delay was caused by a technical fault since Airbus aircraft are certified to operate in much colder temperatures without issue and also that surely more of their aircraft would have been suffering with the same characteristics, which I'm not aware of.
What do you guys think? Should I leave it there, or persue this further?
What happened was that the cargo door would not close/lock on the aircraft, which had over-nighted, due to what they claim was very cold temperatures (-5). Engineers were called to try to heat the mechanism to free it up.
This was unsuccessful, so we were eventually taken back into T5 and after a while,onto another aircraft. The result was a 3 hour plus delay to arrival.
I have told them that I believe that the delay was caused by a technical fault since Airbus aircraft are certified to operate in much colder temperatures without issue and also that surely more of their aircraft would have been suffering with the same characteristics, which I'm not aware of.
What do you guys think? Should I leave it there, or persue this further?
#347
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#348
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Minus 5 celsius doesn't strike me as that cold, and some airports even in Europe would struggle to get above that temperature on a typical winter's day. On the other hand it's the first time I've heard that specific excuse before. I guess the other factor is whether BA could reasonably have got you swapped at their home base faster than a 3 hour plus delay implied, or indeed sorted out the door. It sounds like BA aren't prepared to budge internally on this one, so it's more of a question whether you are prepared to take this to CEDR or MCOL? I'm not sure which would be best, but CEDR is more user-friendly than the court system.
#350
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Minus 5 celsius doesn't strike me as that cold, and some airports even in Europe would struggle to get above that temperature on a typical winter's day. On the other hand it's the first time I've heard that specific excuse before. I guess the other factor is whether BA could reasonably have got you swapped at their home base faster than a 3 hour plus delay implied, or indeed sorted out the door. It sounds like BA aren't prepared to budge internally on this one, so it's more of a question whether you are prepared to take this to CEDR or MCOL? I'm not sure which would be best, but CEDR is more user-friendly than the court system.
#351
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#352
Join Date: Sep 2015
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Flight cancelled- rerouting leaving/arriving 5h EARLIEr
Hello,
I have just been informed that the my flight tomorrow has been cancelled. BA has offered a flight that leaves CDG five hours EARLIER, arriving LHR five hours EARLIER than the scheduled flight.
Is there any ground for compensation?
Thank you.
#353
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#354
Join Date: Sep 2015
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Depends what the reason is. However, if it's because of this France - ATC strike 21 - 23 March 2018, MAD/BCN also affected then no you won't get compensation, but duty of care still applies.
Interesting, the French news/site are only reporting a strike starting on the 22nd.
#355
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The automated rebooking process is perhaps better than nothing but it takes no account of your personal circumstances. It's quite OK to ring up and rebook to another time - or if you are lucky, persuade BA.com to rebook. You can also have a full refund if that's a better option, or shift to another service (e.g. Orly to LCY for example).
#356
Join Date: Apr 2016
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Mixed Fleet strike - cancellation
Now BA have sent a DQ
a) refusing mediation service
b) Uxbridge County court as their preference
What are the chances the hearing taking place in Uxbridge?
#357
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#358
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Question that would appreciate advice on before opening a CEDR dispute. The flight details were:
The response I received initially and in follow up from BA denying the claim:
“We've reviewed your claim and I'm afraid your claim has been refused. This is because your flight was delayed due to a crew shortage and adverse weather, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldn’t have been avoided even if all reasonable measures had been taken. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.”
I think BA is incorrect in refusing this claim as I am pretty sure this is a feeble denial to compensation as BA crew rostering was within its control to better manage the delays. Would this be a correct interpretation?
- Route: LHR-LPA
- Date: 02 March 2018
- Expected Dep: 10:20
- Actual Dep: 15:36
- Expected Arrival: 14:45
- Actual Arrival: 20:22
The response I received initially and in follow up from BA denying the claim:
“We've reviewed your claim and I'm afraid your claim has been refused. This is because your flight was delayed due to a crew shortage and adverse weather, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldn’t have been avoided even if all reasonable measures had been taken. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.”
I think BA is incorrect in refusing this claim as I am pretty sure this is a feeble denial to compensation as BA crew rostering was within its control to better manage the delays. Would this be a correct interpretation?
Last edited by heggers03; Mar 22, 2018 at 4:36 am
#359
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#360
Join Date: Nov 2010
Posts: 5,586
Question that would appreciate advice on before opening a CEDR dispute. The flight details were:
The response I received initially and in follow up from BA denying the claim:
We've reviewed your claim and I'm afraid your claim has been refused. This is because your flight was delayed due to a crew shortage and adverse weather, which prevented the aircraft operating as scheduled. Under EU legislation, Im afraid were not liable for a compensation payment in this situation.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldnt have been avoided even if all reasonable measures had been taken. This means youre not entitled to compensation under the EU Regulation for your delayed flight.
I think BA is incorrect in refusing this claim as I am pretty sure this is a feeble denial to compensation as BA crew rostering was within its control to better manage the delays. Would this be a correct interpretation?
- Route: LHR-LPA
- Date: 02 March 2018
- Expected Dep: 10:20
- Actual Dep: 15:36
- Expected Arrival: 14:45
- Actual Arrival: 20:22
The response I received initially and in follow up from BA denying the claim:
We've reviewed your claim and I'm afraid your claim has been refused. This is because your flight was delayed due to a crew shortage and adverse weather, which prevented the aircraft operating as scheduled. Under EU legislation, Im afraid were not liable for a compensation payment in this situation.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldnt have been avoided even if all reasonable measures had been taken. This means youre not entitled to compensation under the EU Regulation for your delayed flight.
I think BA is incorrect in refusing this claim as I am pretty sure this is a feeble denial to compensation as BA crew rostering was within its control to better manage the delays. Would this be a correct interpretation?